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The Tennessean

One lawyer for a former Vanderbilt University football player charged with rape is demanding a court hearing to get to the bottom of whether another of the player’s attorneys should be allowed to stay on the case.

Filed Monday afternoon, the 26-page motion by defense attorney John Herbison charges that Davidson County Assistant District Attorney Tom Thurman has made “reckless allegations” about California-based defense attorney Albert Perez, Jr., who is part of ex-player Brandon Vandenburg’s defense team.

Vandenburg faces charges of aggravated rape, aggravated sexual battery and two lesser charges, in the June 23 rape of an unconscious student in his campus dorm room.

Two of his attorneys left the case, and two new attorneys joined — Clarksville attorneys Herbison and Fletcher Long. The involvement of the two locals allows two out-of-state lawyers to take part: Perez and retired California Judge Eugene Osko.

But Thurman has asked a judge to remove Perez, charging that he was involved in destroying evidence. Perez has not been charged.

Herbison’s new filing seeks to debunk allegations that Perez destroyed evidence and demands a hearing regarding the evidence Thurman says he has.

“The failure to conduct a hearing and make findings of fact a to the suitability of defendant’s chosen counsel may violate the defendant’s Sixth Amendment rights,” Herbison wrote.

The colorful filing refers to Thurman by numerous nicknames and describes his accusations as “scurrilous,” “vague,” “skimpy,” and “sleazy.”

A call to the Davidson County District Attorney’s Office was not immediately returned.

The defense’s filing goes on to question Thurman’s role as prosecutor because of his statements about having personal knowledge about facts in the case — and suggests the possibility of a future challenge to Thurman’s involvement in the case at all.

Vandenburg, 20, from Indio, Calif.; Cory Batey, 19, of Nashville; Brandon Eric Banks, 19, from Brandywine, Md.; and Jaborian McKenzie, 18, from Woodville, Miss., are each charged with five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg also is charged with one count of unlawful photography and tampering with evidence.

All four have pleaded not guilty and are free on bonds ranging from $50,000 to $350,000.

Also charged in the case are Miles Finley and Joseph Quinzio, two of Vandenburg’s friends from California, who are accused of tampering with evidence. Thurman wrote that both are cooperating with prosecutors and are ready to accuse Perez of being “an active participant” in destroying evidence.

This is a developing story that will be updated. Reach Tony Gonzalez at 615-259-8089 or tgonzalez@tennessean.com. Follow him on Twitter @tgonzalez.